DOCSLIB.ORG

The Illegality of Article 7 of the Jewish Nation-State Law: Promoting Jewish Settlement As a National Value

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Illegality of Article 7 of the Jewish Nation-State Law: Promoting Jewish Settlement As a National Value ADALAH POSITION PAPER March 2019 The Illegality of Article 7 of the Jewish Nation-State Law: Promoting Jewish Settlement as a National Value This position paper details the implications of Article 7 of The Basic Law: Israel – The Nation State of the Jewish People (hereinafter: the Law, the Basic Law, the Jewish Nation-State Law), enacted on 19 July 2018, on land and housing policy in two areas: inside Israel and in the 1967 Occupied Territories. Main provisions of the Jewish Nation-State Law1 Article 1 states that the Land of Israel (“Eretz Yisrael”) is the historic national home of the Jewish people, in which the State of Israel was established; the State of Israel is the national state of the Jewish people, in which it exercises its natural, cultural, and historic right to self-determination. It adds that the right to exercise national self-determination in the State of Israel is unique to the Jewish people. Article 2 sets forth the symbols of the state, all specifically Jewish in character. Article 3 defines the capital of Israel as Jerusalem, which includes occupied East Jerusalem. Article 4 states that the official language of the state is Hebrew, demoting Arabic, which was previously a second official language, to a language with an undefined “special status”. Article 5 establishes that immigration leading to automatic citizenship is exclusive to Jews. Article 6 provides that the state will strengthen ties between the state and Jewish people around the world, and preserve the latter’s cultural, historic, and religious heritage in the Diaspora. Article 7 provides that the state views the development of Jewish settlement as a national value, and will act to encourage and promote its establishment and consolidation. Background The Jewish Nation-State Law sets forth the constitutional order of Israel and articulates the ethnic- religious identity of the state as exclusively Jewish. It is the “law of laws”, capable of overriding any ordinary legislation. It alters the constitutional framework of the state, making changes that violate established international norms: there is no democratic constitution in the world that designates the constitutional identity of the state on racial grounds, as serving one ethnic group.2 While the state’s policy of discrimination and racism against Palestinians has existed since 1948, there is a major difference between discriminatory and racist practices and the codification of these policies in a new Basic Law with constitutional status. The law lends discriminatory policies against Palestinians greater legitimacy and requires the executive, judiciary and other authorities to implement them under the rule of law. The law also reduces the very grounds on which discrimination can be challenged under Israeli law. 1 See the translation of the law to English (unofficial) on the website of the Knesset: https://knesset.gov.il/laws/special/eng/BasicLawNationState.pdf 2 Adalah petitioned the Israeli Supreme Court on 7 August 2018 to challenge the constitutionality of this new Basic Law, on behalf of the High Follow-Up Committee for Arab Citizens of Israel, the Joint List of Arab political parties, and the National Committee of Arab Mayors. HCJ 5866/18, The High Follow-up Committee for Arab Citizens of Israel v. The Knesset (pending). P.O. Box 8921 Haifa 31090 Israel Tel: (972)-4-950-1610 Fax: (972)-4-950-3140 حـــيــفا 31090 ، ص.ب 8921 هــاتــف 0 1 6 1 0 5 9 -04 فاكس 9503140 04- ח י פ ה 31090 , ת . ד. 1 2 9 8 ט ל פ ו ן 0 1 6 1 0 5 9 04- פ ק ס 9503140 04- Email: [email protected] http://www.adalah.org The law contains no commitment to democratic norms, or any guarantee of the right to equality, or prohibition of discrimination on the basis of race, nationality, ethnicity or any other category for all people living under Israeli sovereignty. Indeed, it does not even define its citizenry, referring instead to the Jewish people as its subject, and defining sovereignty and democratic self-rule as belonging solely to the Jewish people, wherever they live around the world. Further, the law does not define the borders of the State of Israel, but its implications seemingly extend to the 1967 Occupied Territories and the Jewish settlements located there. For all of these reasons, the law bears distinct characteristics of apartheid. Article 7 – Racial Discrimination in Land and Housing Article 7 of the Jewish Nation-State Law provides that, “The State views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation.” Article 7 constitutionally entrenches racial discrimination and exclusion in relation to matters of “Jewish settlement”, including land allocation, housing policy, planning and construction, funding for local authorities, and land and housing-related financial incentives. Read in conjunction with Article 1 of the Law, which defines the Land of Israel (“Eretz Yisrael”) as the historic national home of the Jewish people, and limits the right to self-determination in the State of Israel to the Jewish people, Article 7 will expand the illegal settlement enterprise in the occupied West Bank, including East Jerusalem, and in the Golan Heights, in violation of international law. In accordance with this article, the State of Israel will now constitutionally act as a settlement movement, similar to the Jewish Agency, the World Zionist Organization and the Jewish National Fund. “Jewish Settlement” in Practice in Israel Before the enactment of the Jewish Nation-State Law, the term “Jewish settlement” did not appear in any Israeli legislation. However, the consistent policy of state institutions on land and planning has always been, and remains, discriminatory, racist, exclusionary, and segregationist, and calibrated to promote “Jewish settlement” in practice. The result of this policy has been decades of massive land expropriations from Palestinian citizens of Israel; the designation of this land for the exclusive use of the Jewish population, resulting in the creation of segregated housing, towns and villages; the reduction of the living and development areas allocated to the Arab population and Arab towns; and the emergence of a planning regime that systematically discriminates against Palestinian citizens. Discriminatory Land Laws and Practices Land Expropriation: A series of extremely arbitrary, discriminatory laws led to the expropriation of 40 to 60 percent of the land held by Palestinian citizens of the state.3 These laws include The Land (Acquisition for Public Purposes) Ordinance, 1943, used to carry out many of the expropriations that led to the bloody Land Day protests by Arab citizens in 1976, during which six people were killed; The Absentees’ Property Law (1950); The Land Acquisition (Validation of Acts and Compensation) Law, 1953; and The Negev Land Acquisition Law (the Peace Agreement with Egypt), 1980, pursuant to which tens of thousands of dunams were confiscated, mostly from Arab Bedouin living in the Naqab (Negev) desert in southern Israel. Segregation: Most towns and villages in Israel are segregated on the basis of nationality. According to official figures from 2017, there are 928 localities defined as Jewish and 132 as Arab.4 Of the Jewish 3 Oren Yiftachel and Alexander (Sandy) Kedar, “On Power and Land: The Israeli Land Regime,” 16 Theory and Criticism 67, 79 (2000) (hereinafter: Yiftachel and Kedar). 4 Central Bureau of Statistics Statistical, Abstract of Israel 68 (2017). Table 17 of Chapter 2 is available at the following link: http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st02_17&CYear=2017. 2 localities, 715 are kibbutzim, moshavim and community towns, entrance to which is restricted by discriminatory ‘admissions’ committees.5 In practice, therefore, Palestinian citizens of Israel cannot lease or purchase land in hundreds of towns in the state. Reduction of Jurisdictional Areas of the Arab towns and villages: The redrawing of jurisdictional maps following the establishment of Israel in 1948 resulted in a 64% reduction of the jurisdictional area of the existing Arab towns and villages.6 Today, the jurisdictional areas of Arab towns and villages together cover less than 3% of the state’s land area,7 while Palestinian citizens constitute around 20% of the population. As a result, population density in Arab localities has skyrocketed eleven-fold since 1948. The Bedouin in the Naqab are a particularly vulnerable group likely to be particularly affected by the implementation of Article 7 of the Law. The consistent ‘Judaization’ policy adopted by successive Israeli governments towards the Naqab, the ancestral land of Bedouin citizens of Israel, has been manifested in: the forced displacement of thousands of Bedouin living in villages that are “unrecognized” by the state; the reduction of the Bedouins’ living space by forced “urbanization”; the establishment of new, segregated Jewish towns, villages, and “individual farms”; and the implementation of massive so-called ‘development plans’ located in areas so as to further dispossess Bedouin of their land. The net result of this policy is that today, the jurisdictional area of all the currently-recognized Bedouin towns and village in the Naqab constitutes only 1% of the total area of the Be’er Sheva District, despite the fact that Bedouin citizens constitute 35% of the district’s total population (approximately 255,000 people).8 There are today 127 towns and villages in the Be’er Sheva district that are defined as Jewish, compared to just 18 recognized Bedouin localities.9 The Implications of Article 7 in Israel Article 7 contradicts Israeli Supreme Court case law, notably the Qa’adan decision.10 In Qa’adan, the Supreme Court ruled that the state must treat its citizens based on the principle of equality, and prohibited discrimination in land allocation and housing. In this landmark decision, the Court rejected the principle of “Jewish settlement” as a justification for discrimination.11 Article 7 of the Jewish Nation- State Law, however, encourages the state to discriminate based on national belonging in land settlement issues.
Load more

Recommended publications
  • The Emergency Powers \(Detention\) Law – 1979
    UN Human Rights Committee – Information Sheet # 1 State of Emergency 22 July 2003 ICCPR, Article 4 - State of Emergency and Derogation from International Standards List of Issues, Question 2: To what extent is Israel derogating from the provisions of the Covenant, basing itself on a state of emergency notified upon ratification of the Covenant? In light of the Concluding Observations by the Committee (CCPR/C/79/Add.93) and General comment No. 29 (HRI/GEN/1/Rev.5/Add.1), please provide detailed information on restrictions or derogations made by Israel in practice in respect of all the articles of the Covenant, explaining their compatibility with the Covenant. Israel’s Reservation to the ICCPR, 3 October 1991 - “Since its establishment, the State of Israel has been the victim of continuous threats and attacks on its very existence as well as on the life and property of its citizens. These have taken the form of threats of war, of actual armed attacks, and campaigns of terrorism resulting in the murder of and injury to human beings. In view of the above, the State of Emergency which was proclaimed in May 1948 has remained in force ever since. This situation constitutes a public emergency within the meaning of article 4 (1) of the Covenant. The Government of Israel has therefore found it necessary, in accordance with the said article 4, to take measures to the extent strictly required by the exigencies of the situation, for the defense of the State and for the protection of life and property, including the exercise of powers of arrest and detention.
    [Show full text]
  • A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH
    HUMAN RIGHTS A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Copyright © 2021 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-900-1 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org APRIL 2021 ISBN: 978-1-62313-900-1 A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Map .................................................................................................................................. i Summary ......................................................................................................................... 2 Definitions of Apartheid and Persecution .................................................................................
    [Show full text]
  • De Facto and De Jure Annexation: a Relevant Distinction in International Law? Israel and Area C: a Case Study
    FREE UNIVERSITY OF BRUSSELS European Master’s Degree in Human Rights and Democratisation A.Y. 2018/2019 De facto and de jure annexation: a relevant distinction in International Law? Israel and Area C: a case study Author: Eugenia de Lacalle Supervisor: François Dubuisson ACKNOWLEDGEMENTS First and foremost, our warmest thanks go to our thesis supervisor, François Dubuisson. A big part of this piece of work is the fruit of his advice and vast knowledge on both the conflict and International Law, and we certainly would not have been able to carry it out without his help. It has been an amazing experience to work with him, and we have learned more through having conversations with him than by spending hours doing research. We would like to deeply thank as well all those experts and professors that received an e-mail from a stranger and accepted to share their time, knowledge and opinions on such a controversial topic. They have provided a big part of the foundation of this research, all the while contributing to shape our perspectives and deepen our insight of the conflict. A list of these outstanding professionals can be found in Annex 1. Finally, we would also like to thank the Spanish NGO “Youth, Wake-Up!” for opening our eyes to the Israeli-Palestinian reality and sparkling our passion on the subject. At a more technical level, the necessary field research for this dissertation would have not been possible without its provision of accommodation during the whole month of June 2019. 1 ABSTRACT Since the occupation of the Arab territories in 1967, Israel has been carrying out policies of de facto annexation, notably through the establishment of settlements and the construction of the Separation Wall.
    [Show full text]
  • O Occupied East Jerusalem
    Occupied East Jerusalem “De-Palestinization” and Forcible Transfer of Palestinians A situation of systematic breaches of State obligations under the ICCPR JOINT NGO REPORT to the UN Human Rights Committee For the Committee’s Review of the Fourth Periodic Report of ISRAEL Submitted by: The Civic Coalition for Palestinian Rights in Jerusalem (CCPRJ) Contact: Zakaria Odeh, executive director Email: [email protected] Tel: +972 2 2343929 www.civiccoalition-jerusalem.org The Coalition for Jerusalem (CFJ) Contact: Aminah Abdelhaq, coordinator Email: [email protected] Tel: +972 2 6562272 url: www.coalitionforjerusalem.org The Society of St. Yves, Catholic Center for Human Rights (St. Yves) Contact: Dalia Qumsieh, head of advocacy Email: [email protected] Tel: +972 2 6264662 url: www.saintyves.org 1 Content Introduction Paragraph RECOMMENDATIONS A. Constitutional and legal framework within which the Covenant is implemented by Israel in occupied East Jerusalem (Art. 1, 2) Question 4: Application of the Covenant in the Occupied Palestinian Territory (OPT) 4 – 11 Question 5: Equality and non-discrimination in Israeli law, courts; other measures 12 – 22 Recommended Questions to the State party (Art. 1 and 2) B. State of Emergency (Art. 4); derogations from international standards Questions 12, 19: Progress in review of Israel’s state of emergency; derogations 23 – 25 from international standards (complementary issues) Recommended Questions to State party (Article 4) C. Freedom of movement and residence (Art. 12, 2; also 14, 17, 23, 24, 26) Questions 20, 21: Complementary information on Palestinians in East Jerusalem 26 – 34 D. Protection of the Family, Protection of the Child (Art.23, 24, 2; 12, 14, 17, 24, 26) Question 25: Measures taken by the State party to revoke the Citizenship and 35 – 45 Entry Into Israel Law; right to marriage E.
    [Show full text]
  • Israeli Settlements in the Occupied Palestinian Territory, Including East Jerusalem, and in the Occupied Syrian Golan
    A/HRC/46/65 Advance Edited Version Distr.: General 15 February 2021 Original: English Human Rights Council Forty-sixth session 22 February–19 March 2021 Agenda items 2 and 7 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Human rights situation in Palestine and other occupied Arab territories Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan Report of the United Nations High Commissioner for Human Rights* Summary In the present report, submitted pursuant to Human Rights Council resolution 43/31, the United Nations High Commissioner for Human Rights provides an update on the implementation of resolution 43/31 from 1 November 2019 to 31 October 2020. The High Commissioner describes the expansion of Israeli settlement activities and their negative impact on the rights of Palestinian people and on the contiguity of the Occupied Palestinian Territory, particularly in and around East Jerusalem. The High Commissioner also addresses issues relating to Israeli settlements in the occupied Syrian Golan. * The present report was submitted after the deadline so as to include the most recent information. A/HRC/46/65 I. Introduction 1. The present report is submitted pursuant to Human Rights Council resolution 43/31, in which the Council requested the United Nations High Commissioner for Human Rights to report on the implementation of the resolution at its forty-sixth session, with particular emphasis on the consequences of the intensification of settlement activity and other steps taken towards formal annexation in the Occupied Palestinian Territory, particularly in and around East Jerusalem and the so-called E1 area, for the contiguity of the Occupied Palestinian Territory, and their implications for the civil, political, economic, social and cultural rights of the Palestinian people.
    [Show full text]
  • Legal Liability for Corporations Doing Business in the West Bank
    William & Mary Business Law Review Volume 12 (2020-2021) Issue 3 Article 6 April 2021 Legal Liability for Corporations Doing Business in the West Bank: An Analysis of Corporate Liability and a Shareholder Proposal Solution for Mitigating Risky Business Activity Mila Kelly Follow this and additional works at: https://scholarship.law.wm.edu/wmblr Part of the Business Organizations Law Commons, and the International Law Commons Repository Citation Mila Kelly, Legal Liability for Corporations Doing Business in the West Bank: An Analysis of Corporate Liability and a Shareholder Proposal Solution for Mitigating Risky Business Activity, 12 Wm. & Mary Bus. L. Rev. 803 (2021), https://scholarship.law.wm.edu/wmblr/vol12/iss3/6 Copyright c 2021 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmblr LEGAL LIABILITY FOR CORPORATIONS DOING BUSINESS IN THE WEST BANK: AN ANALYSIS OF CORPORATE LIABILITY AND A SHAREHOLDER PROPOSAL SOLUTION FOR MITIGATING RISKY BUSINESS ACTIVITY MILA KELLY ABSTRACT For over half a century, Israeli Settlements in the occupied West Bank have expanded significantly in both land and economic activity. While this expansion has not been without criticism from the international community over fear of humanitarian law vio- lations, global businesses have not shied away from the profitability of this region. This engagement in corporate activity within any dis- puted territory comes with its fair share of business risk, including legal liability for complicity in purported human rights violations. This Note will examine the hypothetical liability for corpo- rations doing business in the West Bank and explain how inter- national law and the Alien Tort Statute have both proved to be ineffective systems of accountability.
    [Show full text]
  • From Occupation to Annexation
    FROM OCCUPATION TO ANNEXATION THE SILENT ADOPTION OF THE LEVY REPORT ON RETROACTIVE AUTHORIZATION OF ILLEGAL CONSTRUCTION IN THE WEST BANK Position Paper, February 2016 Research and writing: Ziv Stahl Legal advice and editing: Atty. Shlomy Zachary, Atty. Michael Sfard Additional editing: Atty. Neta Patrick, Eyal Hareuveni, Noa Cohen Map design: Map 42 Graphic design: Yehuda Dery Studio English translation: Maya Johnston English editing: Leora Gal Public Council: Akiva Eldar, Dan Bavli, Atty. Michael Ben Yair, Prof. Orna Ben-Naftali, Prof. Naomi Chazan, Ruth Cheshin, Joshua Sobol, Prof. Uzi Smilansky, Dani Karavan, Atty. Yehudit Karp, Paul Kedar, Yair Rotlevi, Prof. Zeev Sternhell Yesh Din Volunteers: Rachel Afek, Dahlia Amit, Dr. Hanna Aviram, Maya Bailey, Osnat Ben Shachar, Hanna Barag, Michal Barak, Atty. Dr. Assnat Bartor, Rochale Chayut, Dr. Yehudit Elkana, Rony Gilboa, Tami Gross, Avner Harari, Chen Haklai, Dina Hecht, Niva Inbar, Prof. Eva Jablonka, Daniel Kahn, Edna Kaldor, Nurit Karlin, Ruthie Kedar, Dr. Joel Klemes, Yoram Lehmann, Judy Lotz, Aryeh Magal, Sarah Marliss, Shmuel Nachmully, Amir Pansky, Rina Plesser, Nava Polak, Dr. Nura Resh, Yael Rokni, Maya Rothschild, Eddie Saar, Idit Schlesinger, Meki Shapira, Dr. Tzvia Shapira, Dr. Hadas Shintel, Ayala Sussmann, Sara Toledano, Ruth Weiss Zucker, Lior Yavne Yesh Din Staff: Firas Alami, Yudit Avidor, Muhannad Anati, Maisoon Badawi, Birte Brodkorb, Sophia Brodsky, Noa Cohen, Silan Dallal, Leora Gal, Gilad Grossman, Yossi Gurvitz, Eyal Hareuveni, Moneer Kadus, Alex Vinokurov Liport,
    [Show full text]
  • Israeli Land Grab and Forced Population Transfer of Palestinians: a Handbook for Vulnerable Individuals and Communities
    ISRAELI LAND GRAB AND ISRAELI LAND GRAB AND FORCED POPULATION TRANSFORCEDFER OF PALEST POINPIANSULAT: ION TRANSFERA Handbook OF PALEST for INIANS Vulnerable Individuals and Communities A Handbook for Vulnerable Individuals and Communities BADIL بديــل Resource Center املركز الفلسطيني for Palestinian Residency & Refugee Rights ملصـادر حقـوق املواطنـة والﻻجئـيـن Bethlehem, Palestine June 2013 BADIL بديــل Resource Center املركز الفلسطيني for Palestinian Residency & Refugee Rights ملصـادر حقـوق املواطنـة والﻻجئـيـن Researchers: Amjad Alqasis and Nidal al Azza Research Team: Thayer Hastings, Manar Makhoul, Brona Higgins and Amaia Elorza Field Research Team: Wassim Ghantous, Halimeh Khatib, Dr. Bassam Abu Hashish and Ala’ Hilu Design and Layout: Atallah Salem Printing: Al-Ayyam Printing, Press, Publishing & Distribution Company 152 p. 24cm ISBN 978-9950-339-39-5 ISRAELI LAND GRAB AND FORCED POPULATION TRANSFER OF PALESTINIANS: A HANDBOOK FOR VULNERABLE INDIVIDUALS AND COMMUNITIES / 1. Palestine 2. Israel 3. Forced Population Transfer 4. Land Confiscation 5. Restrictions on Use and Access of Land 6. Home Demolitions 7. Building Permits 8. Colonization 9. Occupied Palestinian Territory 10. Israeli Laws DS127.96.S4I87 2013 All rights reserved © BADIL Resource Center for Palestinian Residency & Refugee Rights June 2013 Credit and Notations Many thanks to all interview partners who provided the foundation for this publication, in particular to Suhad Bishara, Nasrat Dakwar, Manal Hazzan-Abu Sinni, Quamar Mishirqi, Ekram Nicola and Mohammad Abu Remaileh for their insightful and essential guidance in putting together this handbook. We would also like to thank Gerry Liston for his contribution in providing the legal overview presented in the introduction and Rich Wiles for his assistance throughout the editing phase.
    [Show full text]
  • Shrinking Spaces in Israel. Contraction of Democratic Space, Consolidation of Occupation, and Ongoing Human Rights Violations Ca
    www.ssoar.info Shrinking spaces in Israel: contraction of democratic space, consolidation of occupation, and ongoing human rights violations call for a pradigm shift in Europe's policies Asseburg, Muriel Veröffentlichungsversion / Published Version Stellungnahme / comment Zur Verfügung gestellt in Kooperation mit / provided in cooperation with: Stiftung Wissenschaft und Politik (SWP) Empfohlene Zitierung / Suggested Citation: Asseburg, M. (2017). Shrinking spaces in Israel: contraction of democratic space, consolidation of occupation, and ongoing human rights violations call for a pradigm shift in Europe's policies. (SWP Comment, 36/2017). Berlin: Stiftung Wissenschaft und Politik -SWP- Deutsches Institut für Internationale Politik und Sicherheit. https://nbn-resolving.org/ urn:nbn:de:0168-ssoar-54348-3 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer Deposit-Lizenz (Keine This document is made available under Deposit Licence (No Weiterverbreitung - keine Bearbeitung) zur Verfügung gestellt. Redistribution - no modifications). We grant a non-exclusive, non- Gewährt wird ein nicht exklusives, nicht übertragbares, transferable, individual and limited right to using this document. persönliches und beschränktes Recht auf Nutzung dieses This document is solely intended for your personal, non- Dokuments. Dieses Dokument ist ausschließlich für commercial use. All of the copies of this documents must retain den persönlichen, nicht-kommerziellen Gebrauch bestimmt. all copyright information and other information regarding legal Auf sämtlichen Kopien dieses Dokuments müssen alle protection. You are not allowed to alter this document in any Urheberrechtshinweise und sonstigen Hinweise auf gesetzlichen way, to copy it for public or commercial purposes, to exhibit the Schutz beibehalten werden. Sie dürfen dieses Dokument document in public, to perform, distribute or otherwise use the nicht in irgendeiner Weise abändern, noch dürfen Sie document in public.
    [Show full text]
  • The Case of Sheikh Jarrah
    ENFORCING HOUSING RIGHTS: THE CASE OF SHEIKH JARRAH Report of the fact-finding mission to Israel and the Occupied Palestinian Territory May 2011 Enforcing Housing Rights: The Case of Sheikh Jarrah Report of the fact-finding mission to Israel and the Occupied Palestinian Territory May 2011 1 © Avocats Sans Frontières (ASF) May 2011 ASF has given mandate to a delegation of English lawyers to prepare an independent report examining the legal situation in Sheikh Jarrah. The views expressed in this report do not necessarily represent those of ASF, or those of the donor, the Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium. Avocats Sans Frontières Rue de Namur 72 1000 Brussels - Belgium Tel: +32 2 223 36 54 WWW.ASF.BE Cover photo: the demolition of the Shepherd Hotel in Sheikh Jarrah, 9 January 2011. ©Atef Safadi Printed: Graffikka, Belgium. [email protected] 2 Acknowledgement The delegation would like to thank everyone who contributed to the making of this report, in particular Stijn Denayer, who coordinated the project for ASF, and Valentina Azarov, who accompanied the mission in Israel and the Occupied Palestinian Territory. The delegation wishes to express its gratitude to all the people and organisations who met with the mission during its visit in December 2010, including the evicted Sheikh Jarrah families. The delegation would also like to thank photographer Atef Safadi. With the support of KINGDOM OF BELGIUM Foreign Affairs, Foreign Trade and Development Cooperation 3 Table of Contents Acronyms 6 1. Introduction 7 1.1. Context of intervention 7 1.2. ASF’s fact-finding mission and objectives 8 2.
    [Show full text]
  • The Sheikh Jarrah Affair: the Strategic Implications of Jewish Settlement in an Arab Neighborhood in East Jerusalem
    The Jerusalem Institute for Israel Studies Established by the Charles H. Revson Foundation The Sheikh Jarrah Affair: The Strategic Implications of Jewish Settlement in an Arab Neighborhood in East Jerusalem Yitzhak Reiter and Lior Lehrs 2010 The JIIS Studies Series no. 404 The Sheikh Jarrah Affair: The Strategic Implications of Jewish Settlement in an Arab Neighborhood in East Jerusalem Yitzhak Reiter and Lior Lehrs © 2010, The Jerusalem Institute for Israel Studies The Hay Elyachar House 20 Radak St., 92186 Jerusalem http://www.jiis.org.il E-mail: [email protected] Table of Contents The Authors ........................................................................................................ 5 Summary............................................................................................................. 6 Introduction.......................................................................................................11 Part A – Historical, Political, and Legal Background................................... 13 1. The Histories of Sheikh Jarrah and Shimon HaTzadik ............................... 13 2. The Use of Symbols of Heritage and Holiness............................................ 20 7KH*HRSROLWLFDO6LJQL¿FDQFHRIWKH1HLJKERUKRRG ................................... 22 4. Proprietary and Legal Issues Behind the Displacement of Palestinian Families..................................................................................... 23 5. The Eviction of Palestinian Residents ........................................................
    [Show full text]
  • Natural Resources Under Occupation: the Status of Palestinian Water Under International Law
    Pace International Law Review Volume 10 Issue 2 Fall 1998 Article 3 September 1998 Natural Resources under Occupation: The Status of Palestinian Water under International Law Gamal Abouali Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Gamal Abouali, Natural Resources under Occupation: The Status of Palestinian Water under International Law, 10 Pace Int'l L. Rev. 411 (1998) Available at: https://digitalcommons.pace.edu/pilr/vol10/iss2/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. NATURAL RESOURCES UNDER OCCUPATION: THE STATUS OF PALESTINIAN WATER UNDER INTERNATIONAL LAW Gamal Aboualit I. INTRODUCTION ..................................... 414 II. HYDROLOGY, GEOGRAPHY, AND HuMAN USES ....... 420 A. Mountain Aquifer .............................. 422 B. Jordan River .................................. 430 C. Gaza Aquifer .................................. 439 III. LOCAL WATER LAW ................................ 443 A. Shari'a and Ottoman Law ..................... 444 B. British Mandate Law .......................... 446 C. Jordanian and Gaza Law ...................... 447 D . Israeli Law .................................... 456 E. Administrative Structure of Water M anagem ent ................................... 460 IV. INTERNATIONAL HUMANITARIAN LAW ...............
    [Show full text]